Legal Opinion

In re the Estate of Fortunoff

New York Surrogate's Court

Decided April 8, 1938PublishedCited by 1 opinion

1Opinion of the Court

Wingate, S.

This proceeding seeks approval of the compromise settlement of a cause of action professedly instituted pursuant to the provisions of section 130 of the Decedent Estate Law to recover for the wrongful killing of this intestate. Since all of the statutory distributees are adults, the application for such approval is both unusual and unnecessary. The reason therefor becomes apparent when it is learned that the decedent was apparently indebted on a judgment for $592.29, recovered on May 24, 1933, and that the petition, in addition to the authorization for compromise, seeks an…

2Cases cited5 opinions

  1. Hegerich v. . KeddieNew York Court of Appeals · 1885
  2. Herzog v. SternNew York Court of Appeals · 1934
  3. Bernstein v. Queens County Jockey ClubAppellate Division of the Supreme Court of the State of New York · 1927
  4. Wyatt v. Hall's Portrait StudioNew York Supreme Court · 1911
  5. Herzog v. SternNew York Supreme Court · 1933

3Cited by1 opinion

  1. Bell v. JollyNew York Supreme Court · 1997

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